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Sunedu: feasibility of an amparo action and pronouncements on the bill

Lima, February 8, 2022Updated on 02/08/2022 07:55 am

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The National Superintendence of Higher University Education (Sunedu) announced yesterday that it will present a Amparo action against a bill, approved in the first vote by Congress, which proposes changes in the composition of the members of the board of directors of said body. For specialists, this threatens university reform.

the owner of the Sunedu, Oswaldo ZegarraHe said: “Under the misleading slogan of restoring university autonomy, the Congress intends to return to an old order in which universities were licensed to act without having to account to anyone”.

READ ALSO: Sunedu will present an amparo action against the bill that modifies the composition of the Board of Directors

He also stated that there are a series of actions that the Executive could take in case the Congress approve said law in a second vote. “The Executive could observe the project. Another possibility is that the Council of Ministers or the president himself requests the opinion of the Constitutional Court“, he pointed.

In dialogue with Tradethe constitutionalist Aníbal Quiroga considered that demanding a Amparo action would not be the best alternative for what the Sunedusince this occurs when “any authority or person violates or threatens to violate a fundamental right”, which in this case does not happen.

A Amparo action would be inadmissible because it is not defending a fundamental right of the Sunedubut his faculties. What should be raised is to promote a question of jurisdiction or an action of unconstitutionality. The latter would be the most appropriate way.”, he explained.

READ ALSO: Congress is invoked by 18 private and public universities to reconsider the approved rule against Sunedu

Through a statement, a total of 18 private and public universities urged the Congress to reconsider the approval of the aforementioned bill, since they point out that “weakens the role of Suneduaffects its independence, contravenes its impartiality and puts at risk the suitability of its board of directors”. These study houses invoked the Congress to reconsider the first vote.

The National Council of Education (CNE) also called on the Legislature to reflect on “the implications and setbacks” that the approval of the norm in the second vote (to take place today) would bring.

The technical opinions of the CNE and many other institutions in the country have been dismissed by a majority in Congress. This voted in recent days putting particular interests before the common interest that must prevail in these decisions”, indicated the entity.

The Federation of Students of Peru showed its support for the oversight purpose of the Sunedu. However, they demand that in a new bill the students be incorporated into the board of directors of this superintendence.

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